... it is competent for a person claiming land conveyed to another to prove by parole evidence that it was so conveyed upon trust for the claimant and that the guarantee, knowing the facts, is denying the trust and relying upon the form of conveyance and the statute, in order to keep the land himself." The principle invoked in Rouhefoulcauld is that "Equity will not permit a statute to be used as an instrument of fraud". Thus the court has the power to intervene to prevent the trustee possessing the property because of the settler's non-compliance with S53 (1) (b). S53 (1)(b) of the Law of Property Act 1925 states that " a declaration of trust respecting any land or any interest therein must be manifested and proved by someone writing signed by some person who is able to declare such trust or by his will" Hence, as the statute cannot be ...

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